Hikmatina adalah Jurnal online prodi Ahwal Syakhshiyyah Fakultas Agama Islam Universitas Islam Malang terdaftar e_issn 2655-8831 . Karya-karya, kajian, penelitian, serta keilmuan dibidang Hukum Keluarga dan Peradilan Islam (Hukum Islam) dimuat dalam bagian jurnal. pengembangan keilmuan terkini dibahas dalam beberapa kajian berkala. Penerbitan jurnal dalam satu tahun sebanyak tiga kali. Dengan media jurnal online berusaha menyebarluaskan hasil pengembangan dan penelitian terkait objek hukum peradilan untuk kemanfaatan masyarakat. Keberadaan jurnal Hikmatina juga mendukung terwujudnya visi misi UNISMA berdasarkan Islam Ahlussunnah wal Jamaah al-nahdliyyah. peneliti dapat bergabung dengan mendaftar/register pada homepage/halaman jurnal.
Prodi Ahwal syakhshiyyah Fakultas Agama Islam UNISMA
ANALISIS PENERAPAN AZ-ZARI’AH UPAYA PENCEGAHAN NUSYUS DAN DAMPAKNYA TERHADAP KEHARMONISAN RUMAH TANGGA DI KECAMATAN WONOREJO
From an Islamic perspective, marriage is built on love, respect, and mutual complementarity between husband and wife. However, in practice, not all households can maintain these principles. In Wonorejo District, various forms of Nusyuz were found to arise from both parties, such as belittling the partner, neglecting responsibilities, committing violence, and even infidelity, which causes conflict. This condition disrupts family harmony, weakens communication, and negatively impacts the psychological condition of children. Therefore, the application of Az-zari'ah analysis as an effort to prevent Nusyuz needs to be studied to understand its role in maintaining household balance and harmony. This study uses a descriptive qualitative approach with a type of sociological empirical research that focuses on the social reality of the Wonorejo community. Data were collected through interviews, observations, and documentation from married couples, community leaders, and parties who understand the issue of Nusyuz and the application of Az-zari'ah. Data analysis was carried out through stages of reduction, presentation, and conclusion to obtain a comprehensive picture of the forms of Nusyuz, preventive measures, and their relationship to household harmony. The research results show that families who jointly apply the principles of Az-zari'ah are able to create harmonious, calm, focused relationships with minimal conflict. If only one party implements the principles, harmony can still be maintained, but not as strongly as in couples who fully implement them. Conversely, households that do not apply Az-zari'ah at all are more vulnerable to prolonged conflict, potentially ending in divorce. Thus, Az-zari'ah has been proven to play a crucial role in both prevention and problem-solving efforts to maintain the continuity and harmony of the household. Keywords: Az-zari‘ah, Nusyuz, Household, Conflict Prevention, Harmony.
STRATEGI PENANGGULANGAN NIKAH SIRI PADA KANTOR URUSAN AGAMA KECAMATAN TALIABU SELATAN KABUPATEN PULAU TALIABU PROVINSI MALUKU UTARA
Islam views marriage as sacred because it meets the laws and standards of a valid marriage, which not only allows for the legitimate expression of sexual desire but also fulfills the sunnatullah that applies to all people. According to Law No. 1 of 1974, a marriage is considered valid if it is conducted in accordance with the rules of each religion and belief and documented in accordance with all relevant laws and regulations. As per the results of initial observations conducted by researchers at the South Taliabu District Religious Affairs Office, in fact, at the beginning of the establishment of the South Taliabu District KUA in 2019, in the area there were still many people who were carrying out unregistered marriages that had not been registered at the South Taliabu District Religious Affairs Office and this had been going on for decades. Based on the research context above, the focus of the research in the discussion of the thesis is: How is the practice of unregistered marriage in South Taliabu District, and what strategies are implemented by the KUA of South Taliabu District in dealing with unregistered marriage? The purpose of this study is to determine the practice of unregistered marriage in South Taliabu District and to determine what strategies are implemented by the South Taliabu District Office of Religious Affairs (KUA) in overcoming unregistered marriage. This study uses a qualitative approach and field methodology. The data collection methods used are observation, interviews, and documentation. The findings in the study related to the practice of unregistered marriage in the South Taliabu District KUA. There are several factors, namely, Economic Factors, Lack of Understanding Factors, Illegal Divorce Factors, Early Marriage Factors, and Delays in KUA Services in South Taliabu District. Efforts undertaken by the South Taliabu District Office of Religious Affairs (KUA) to address unregistered marriages include building cooperation with the Religious Court, conducting studies related to marriage, providing education and outreach on the importance of marriage registration and its negative impacts on families, children, and women, and building cooperation with government institutions in the South Taliabu District to support efforts in implementing the law. Keywords: Nikah Siri, Countermeasures Strategy, South Taliabu KUA.
RELASI KEHARMONISAN PEDAGANG PEREMPUAN TERHADAP KELUARGA (STUDI KASUS DI PASAR PLUMPANG, TUBAN)
Women working in the informal sector, such as traditional markets, face significant challenges in fulfilling their dual roles as breadwinners and household managers. The background of this study is based on the phenomenon of female traders who are able to maintain family harmony despite economic pressures and heavy workloads. The objective of this study is to understand how the dual roles of female vendors at Plumpang Market in Tuban influence family harmony, as well as the factors that support and hinder the balance of these roles. This research employs a qualitative approach using the case study method. Data was collected through in-depth interviews, observations, and documentation of informants selected through purposive sampling. The results of the study indicate that despite facing time constraints, physical fatigue, and social pressure, female traders are still able to maintain family harmony by managing their time efficiently, sharing household tasks with their partners and children, and having a high level of motivation to support family welfare. The main supporting factors include family support, good communication, and active participation in family decision-making. Meanwhile, the challenges faced include gender role inequality, double workload, and insufficient policy support. This study recommends the need for women's empowerment and gender-responsive policies to improve the quality of life for women in the informal sector. Keywords: female traders, family harmony, dual roles, work-family balance, traditional markets.
REFORMULASI HUKUM KELAYAKAN MENIKAH PENDERITA PENYAKIT MENULAR DAN GENETIK DALAM PERSPEKTIF MAQASID AL-SYARIAH
Marriage in Islam is not only regarded as a sacred bond with a dimension of worship but also as a social institution aimed at preserving dignity, lineage, and the health of future generations. Modern challenges in the form of infectious and genetic diseases have created new problems in determining marital eligibility. This study aims to analyze the perspective of Islamic law on marital eligibility for individuals with infectious and genetic diseases, to explain the urgency of reformulating marital eligibility laws within the framework of maqāṣid al-sharī‘ah, and to identify normative and practical challenges in the integration of medical science and Islamic law. The research method employed is normative legal research with an interdisciplinary approach, examining fiqh literature, positive law, and medical data. The findings reveal that in Islamic law, the prevention of harm (dar’u al-mafāsid) and the protection of life and lineage (ḥifẓ al-nafs, ḥifẓ al-nasl) serve as shar‘ī grounds for postponing or restricting marriages that carry medical risks. However, weak regulations, social stigma, and limited institutional collaboration remain significant challenges. Therefore, the reformulation of marital eligibility law based on maqāṣid al-sharī‘ah and integrated with medical considerations is an essential solution to ensure healthy and beneficial marriages. Keywords: marital eligibility, infectious diseases, genetic, maqasid al-shari‘ah, medical integration.
ANALISIS DAMPAK PERNIKAHAN DINI TERHADAP KEHARMONISAN RUMAH TANGGA STUDI KASUS DI DESA KANIGORO, KECAMATAN PAGELARAN, KABUPATEN MALANG
This study analyzes the impact of early marriage on marital harmony through a case study in Kanigoro Village, Pagelaran District, Malang Regency. Despite legal regulations on the minimum marriage age, early marriage remains prevalent due to social pressure, premarital pregnancy, economic constraints, low educational levels, and cultural traditions. This research employs a qualitative empirical approach using interviews, observations, and document analysis involving early-married couples and relevant stakeholders. The findings indicate that early marriage is often viewed as a means to protect moral and religious values and to reduce social stigma. However, marital harmony is not automatically achieved, as many couples experience emotional immaturity, economic instability, and difficulties in fulfilling marital roles. From the perspective of Islamic law and maqāṣid al-sharī‘ah, early marriage cannot be assessed uniformly and must be evaluated based on considerations of benefit (maṣlaḥah) and harm (mafsadah). The study concludes that early marriage tends to weaken marital harmony when conducted without adequate readiness. Keywords: early marriage, marital harmony, Islamic law
TINJAUAN HUKUM ISLAM TERHADAP PUTUSAN HAKIM DALAM MENOLAK PERMOHONAN ISBAT NIKAH
This study examines the legal reasoning behind the rejection of isbat nikah applications due to the invalidity of the marriage guardian (wali) in Islamic law, with a focus on Decision Number 0346/Pdt.P/2018/PA.Kab.Kediri. The analysis reveals that the judges rejected the isbat nikah application because the wali did not meet the legal requirements stipulated in the Compilation of Islamic Law (KHI). The study applies a normative juridical approach, using Al-Dzari‘ah theory to understand the judges' preventive stance in avoiding potential legal and social harm (mafsadah) from recognizing a marriage with an invalid wali. This approach ensures the alignment of judicial decisions with both Islamic legal principles and positive law in Indonesia, emphasizing the importance of legal certainty and the prevention of future disputes. The research further discusses cases where isbat nikah applications are filed for specific purposes, such as hajj registration, and analyzes the legal considerations in such instances. This normative juridical study emphasizes the need for valid marriage guardianship as a prerequisite for the legal recognition of a marriage, which is essential for safeguarding rights and ensuring that the marriage meets the standards of Islamic law and Indonesian legal requirements. The study aims to enhance the understanding of the legal mechanisms involved in marriage validation in Indonesia and the role of the court in upholding religious and legal principles. Keywords: Islamic Law, Isbat Nikah, Invalid Marriage Guardian, Al-Dzari‘ah, Religious Court Decision
ANALISIS IMPLEMENTASI KONSEP MASHLAHAH DALAM PUTUSAN HADHANAH DI PENGADILAN AGAMA KOTA MALANG
This article scrutinizes the execution of the construct of mashlahah in child custody (hadhanah) determinations at the Religious Court of Malang City, in reaction to the insufficiency of the prescriptive stipulations of the Compilation of Islamic Law (KHI) in addressing post-divorce child welfare. This study examines the implementation of the mashlahah concept in hadhanah decisions at the Malang City Religious Court. It aims to analyze judicial considerations, the application of mashlahah in custody rulings, and its relevance to child rights protection and justice in Islamic family law. The investigation utilizes a normative-empirical legal research methodology with a case study paradigm. Data were procured through the examination of Decision No. 2025/Pdt G/2025/PA.Mlg and Decision No. 1511/Pdt G/2025/PA.Mlg, bolstered by document analysis, interviews with magistrates and court personnel, and field observation, and scrutinized utilizing triangulation. The data demonstrates that adjudicators do not only adhere to KHI norms but also elevate the significant interests of the child. Mashlahah is enacted through considerations of psychological wellness, emotional bonding, caregiving milieu, the child’s perspective, and the preservation of life (hifz al-nafs) and lineage (hifz al-nasl), affirming its significance in attaining substantive justice and child rights protection within Islamic family law. Keywords: Mashlahah, Hadhanah, Best interests of the child
ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM PEMENUHAN NAFKAH IDDAH, MUT’AH, DAN HADHANAH PASCA CERAI GUGAT (Studi Kasus Putusan Nomor 1096/Pdt.G/2025/PA.Pas.)
This study examines the judicial reasoning applied by judges in fulfilling post-divorce rights, namely iddah maintenance, mut’ah, and child custody (hadhanah) in divorce by lawsuit cases, focusing on Decision Number 1096/Pdt.G/2025/PA.Part of the Pasuruan Religious Court. The research addresses the normative gap between Islamic legal provisions and judicial practice, particularly the tendency to omit iddah and mut’ah obligations when divorce is initiated by the wife. Positioned within normative legal scholarship, this study employs a case-based doctrinal approach by analyzing court decisions, statutory regulations, and relevant Islamic legal principles, including the Compilation of Islamic Law and maqāṣid al-sharīʿah. The findings reveal that the panel of judges did not base their decision solely on the procedural status of divorce by lawsuit, but rather considered juridical and factual aspects such as the economic capacity of the husband, the wife’s contribution during marriage, and the best interests of the child. However, despite acknowledging factual neglect of maintenance, the decision failed to impose iddah and mut’ah obligations, indicating an imbalance between formal legal reasoning and substantive justice. This study highlights the need for a more consistent judicial approach that prioritizes the protection of women’s and children’s rights through substantively just legal interpretation. Keywords: judicial reasoning; divorce by lawsuit; iddah maintenance; mut’ah; child custody
EFEKTIVITAS IMPLEMENTASI SITEM E-COURT DALAM PENYELESAIAN PERKARA PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG
This research examines the effectiveness of the e-Court system in resolving divorce cases at the Religious Court of Malang City. The research background is the digital transformation of the judiciary through Supreme Court Regulation Number 3 of 2018, as updated by Regulation Number 7 of 2022, which integrates information technology into case administration to realize the principles of simple, fast, and low-cost justice. The research questions include: (1) how effective is the e-Court implementation in divorce case resolution; (2) what challenges and obstacles are faced, and their solutions. The research employs qualitative methods with a case study approach through interviews, observation, and documentation techniques at the Religious Court of Malang City. Data analysis uses Soerjono Soekanto's legal effectiveness theory, covering five factors: law, law enforcement, facilities/infrastructure, society, and culture. Research findings indicate that e-Court implementation has been effective in terms of strong regulatory aspects, professionalism of judicial apparatus, availability of technological infrastructure, positive public response, and digital legal culture transformation. However, substantial obstacles remain, including the digital literacy gap among the public and technical system instability, such as server downtime. Solutions are implemented through e-Court service desks, Legal Aid Posts (POSBAKUM), and alternative communication mechanisms to ensure access to justice remains preserved. Keywords: Effectiveness, E-Court System, Divorce, Religious Court
PERAN KANTOR URUSAN AGAMA DALAM PELAKSANAAN PENGAWASAN TERHADAP PENGELOLAAN BENDA WAQAF DI KECAMATAN GEMPOL KABUPATEN PASURUAN
This study examines the role of the Office of Religious Affairs (Kantor Urusan Agama/KUA) in supervising the management of waqf assets in Gempol District, Pasuruan Regency. The research is motivated by the persistent dominance of administrative-oriented supervision and the limited managerial capacity of Nazhir, which hinders the optimization of waqf assets for social and economic welfare. This study positions itself within socio-legal waqf governance studies by focusing on operational supervision at the sub-district level, an area that has received limited empirical attention in previous research. Employing a qualitative empirical juridical approach, data were collected through in-depth interviews, observation, and document analysis involving KUA officials, Nazhir, and relevant stakeholders. The findings indicate that KUA plays a strategic role in ensuring legal certainty and administrative order of waqf through its function as Pejabat Pembuat Akta Ikrar Wakaf (PPAIW). However, supervision remains largely administrative, with minimal engagement in managerial guidance and productive waqf development. The study highlights the need to strengthen KUA’s supervisory capacity through enhanced nazhir training, inter-institutional coordination with the Indonesian Waqf Board (BWI), and the development of integrative supervisory models to improve sustainable waqf management. Keywords: waqf; waqf supervision; Office of Religious Affairs; Nazhir; Waqf Governance
ANALISIS TENTANG HAK WARIS ANAK ANGKAT STUDI KOMPARATIF FIKIH KLASIK MADZHAB SYAFI’I DAN KOMPILASI HUKUM ISLAM
This study examines the inheritance rights of adopted children from the perspective of the Shafi'i school of jurisprudence and the Compilation of Islamic Law (KHI), emphasizing the differences in normative approaches and the objectives of their legal formation. Shafi'i school of jurisprudence emphasizes that inheritance is based on kinship, marriage, and wala' (guardianship); thus, adoptive children who are not blood relatives are not considered heirs according to the faraidh (lawful inheritance). Conversely, the KHI, as positive Islamic law in Indonesia, maintains the principle of kinship but introduces a mandatory will mechanism, as stipulated in Article 209 of the KHI, to provide economic protection to adopted children. This study uses normative legal research methods with both statutory and conceptual approaches, and is analyzed comparatively. Data sources are obtained from primary legal sources, including the Qur'an, hadith, and the KHI, as well as secondary legal sources, including Shafi'i school of jurisprudence literature and relevant scientific journals. The research results show that the differences between the Shafi'i school of jurisprudence and the Compilation of Islamic Law (KHI) are not contradictory, but rather represent differences in methodological approaches. Shafi'i jurisprudence is oriented toward text-based legal certainty, while the Compilation of Islamic Law (KHI) emphasizes the welfare and social justice aspects through institutional ijtihad. Thus, the KHI can be understood as an effort to contextualize Islamic law while remaining grounded in sharia principles to address the needs of modern Indonesian society. Keywords: Adopted Children, Inheritance Rights, Shafi'i School, Compilation of Islamic Law
HAK DAN KEWAJIBAN SUAMI ISTRI DI ERA 4.0 PERSPEKTIF HUKUM KELUARGA ISLAM (STUDI KASUS DI KELURAHAN KEPANJEN KABUPATEN MALANG)
This study examines the rights and obligations of husbands and wives in the era of the Industrial Revolution 4.0 from the perspective of Islamic family law, with a case study in Kepanjen Village, Malang Regency. The rapid development of digital technology and social change has significantly influenced family life dynamics, particularly in the division of roles, responsibilities, and the fulfillment of marital rights and obligations. These changes require an adaptive understanding of Islamic family law to ensure its continued relevance in modern society. This research employs a qualitative method with an empirical juridical approach. Data were collected through interviews, observations, and documentation involving married couples and related parties in Kepanjen Village. The collected data were analyzed descriptively and analytically to illustrate the implementation of husbands’ and wives’ rights and obligations in family life during the 4.0 era. The findings indicate that normatively, the rights and obligations of husbands and wives as regulated in Islamic family law remain relevant and consistent with contemporary developments. However, in practice, adjustments in marital roles have occurred due to technological influences, such as increased economic participation by wives and the use of digital media in family communication. The implementation of marital rights and obligations in Kepanjen Village is generally well applied, although challenges remain, including limited legal awareness and difficulties in balancing domestic and public roles. Therefore, strengthening an adaptive and contextual understanding of Islamic family law is essential to maintaining family harmony in the digital era. Keywords: Rights and Obligations, Husband and Wife, Islamic Family Law, Industry 4.0
PERAN HAKIM SEBAGAI PELINDUNG HAK PEREMPUAN DALAM KASUS WALI ADHAL DI PENGADILAN AGAMA KABUPATEN KEDIRI (Putusan Nomor 375/Pdt.P/2025/PA.Kab.Kediri)
This study examines the role of judges as protectors of women’s rights in cases of wali adhal, identifies the legal considerations employed by judges in determining wali adhal, and explains how a gender justice perspective is applied in the Decision of the Religious Court of Kediri Regency Number 375/Pdt.P/2025/PA.Kab.Kediri. The research adopts a qualitative method with a juridical-empirical approach. Data were collected through an analysis of court decisions, interviews with the judges who handled the case, and a review of relevant statutory regulations and Islamic legal literature.Furthermore, the findings indicate that the panel of judges in the decision actively examined the substance of the guardian’s refusal, even though the guardian did not appear before the court. The judges affirmed that a guardian’s refusal without a valid shar‘i justification fulfills the elements of wali adhal as stipulated in Article 23 of the Compilation of Islamic Law. Consequently, the authority of guardianship was transferred to the wali hakim as a form of legal protection for a woman’s right to marry. The judges’ considerations were not limited to juridical aspects and formal evidentiary requirements but also took into account public welfare (maslahah) and the prevention of harm (mafsadah), in line with the principles of maqāṣid al-sharī‘ah and a gender justice perspective. This study aims to enhance understanding of the legal mechanisms involved in determining wali adhal in the Religious Courts, particularly regarding the role of judges in safeguarding women’s right to marry and the manner in which the principles of Islamic law, positive law, and gender justice are upheld in the practice of family law adjudication in Indonesia. Keywords: The Role of Judges, Protectors of Women's Rights, Religious Courts, and Guardians of the Adhal
KERENTANAN PRAAKAD DAN PRAPENCATATAN DALAM TRADISI MERARIQ (TINJAUAN KEPASTIAN HUKUM PERKAWINAN)
This study examines the vulnerability of the precontract and preregistration phases in the Merariq tradition of the Sasak people and their impact on the legal certainty of marriage. Its urgency lies in the potential for inconsistency between customary social recognition and administrative recognition by the state, which can leave marital status in limbo and weaken the protection of rights, especially for women and children. The research employs a normative juridical approach, combining a statutory and customary law framework, and relies on secondary data sources, including marriage regulations, KHI, marriage registration regulations (including PMA Number 30 of 2024), and relevant scientific literature. The theories of legal certainty and legal pluralism guide the analysis. The literature review was conducted using Miles and Huberman's model, comprising data reduction, data presentation, and concluding. The findings show that pre-marriage agreements are vulnerable because women's consent may not be verified, there may be conflicts between guardians, and the delay in reaching an agreement increases social pressure. In preregistration, delays in registration or unregistered marriages weaken the certainty of status and the strength of evidence through marriage certificates, so that access to civil rights often depends on itsbat nikah (marriage validation). The main recommendation is to begin registering the intention to marry early in the process and to tighten document verification before the ceremony to avoid delays in registration. Keywords: Merariq, precontract, preregistration, legal certainty, marriage registration
KETIMPANGAN PERAN EKONOMI DALAM RUMAH TANGGA: ANALISIS EMPIRIS TERHADAP KEWAJIBAN NAFKAH SUAMI PERSPEKTIF HUKUM KELUARGA ISLAM DI KABUPATEN LEMBATA
This study analyzes economic role inequality in households, focusing on the husband’s obligation to provide nafkah from the perspective of Islamic family law in Lembata Regency. Difficult economic conditions—marked by 2.46% economic growth and a 26.21% poverty rate in 2022—have forced many wives to become primary breadwinners while husbands fail to fulfill their nafkah obligations. Using an empirical legal approach with a qualitative case study, data were collected through in-depth interviews with five affected families and one religious figure from the Office of Religious Affairs (KUA). Data were analyzed using the Miles, Huberman, and Saldana interactive model (data condensation, presentation, and conclusion), with validity ensured through triangulation and member checking. The study identifies five forms of economic role inequality: wives as primary breadwinners due to husbands’ unstable fishing income; wives bearing double burdens when husbands misuse income (e.g., gambling); husbands contributing only supplementary seasonal income; inequality caused by polygamy without proper nafkah; and unemployed husbands due to limited job opportunities. Contributing factors include unstable income, limited employment, irresponsible behavior, belis cultural pressures, and unfair polygamy practices. From an Islamic family law perspective, nafkah is an absolute obligation of the husband that remains even if the wife works. A wife’s income is considered tabarru’ (voluntary) and does not remove the husband’s responsibility. Polygamy without equitable nafkah is considered injustice (zulm). Wives have the right to claim nafkah through family deliberation, mediation by religious figures, or through the Religious Court. Keywords: economic role inequality, nafkah obligation, primary breadwinner wife, Islamic family law, Lembata Regency
HAK WARIS ANAK DI LUAR NIKAH DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM (KHI) DAN KITAB UNDANG-UNDANG HUKUM PERDATA
This article examines the legal status and inheritance rights of children born out of wedlock from the perspective of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) and the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata). The issue is significant due to normative differences between Islamic inheritance law and civil law in Indonesia, which often lead to legal uncertainty and social injustice for children born outside lawful marriage. This study employs normative legal research with a library research approach, analyzing statutory regulations, legal doctrines, and court decisions, particularly Constitutional Court Decision Number 46/PUU-VIII/2010. The findings show that KHI strictly limits inheritance rights of children born out of wedlock to their mothers and maternal families, whereas the Civil Code provides inheritance rights through legal acknowledgment by the biological father. These differences reflect contrasting legal principles: legitimacy of marriage versus recognition of biological relations. This article argues for legal harmonization to ensure justice, legal certainty, and the protection of children's rights within the Indonesian legal system. Keywords: inheritance rights, children born out of wedlock, Compilation of Islamic Law, Civil Code, legal harmonization.
POLA HUBUNGAN SUAMI ISTRI DALAM MEMBANGUN KELUARGA SAKINAH PADA KALANGAN MASYARAKAT PEDESAAN DI GRESIK (STUDI KASUS DI DESA BETOYOKAUMAN MANYAR KABUPATEN GRESIK PROVINSI JAWA TIMUR)
The family is the first space in building social relationships established by a married couple. Humans as social beings, cannot live alone without others. In other words, humans must interact. In addition, a family consists of a father, a mother, and a child. The definition of family is very broad and general. Welfare and harmony in the family is something that everyone wants, regardless of the marital relationship; it is achieved if the family understands each other. Based on the description of the research context above, which is the main problem in this study, it can be formulated, namely:1. What is the pattern of husband and wife relationships among rural communities in Betookauman Village? 2. How to build a sakinah family among the rural community in Betookauman Village? This study uses a qualitative descriptive approach, namely obtaining information or data from sakinah family interviews. The location of this research is in Betoyokauman Village, Manyar District, Gresik Regency. The methods used in data collection are observation, interviews, and documentation. The results of the study show that in building a sakinah family among the rural community in Betookauman Village, the community implements and strives for the following things: a. Mutual understanding between husband and wife.b. Mutual acceptance of reality.c. Making mutual adjustments.d. Fostering a sense of love. e. Implementing the Principle of Deliberation.f. Forgiving Each Other. g. Participate to realize common goals. h. The fulfillment of External Needs.i. The fulfillment of Inner Needs.j. The fulfillment of Spiritual Needs Keywords: Patterns, Husband and Wife Relationships, Sakinah Family
DAMPAK KETIADAAN ASESMEN PSIKOLOGIS DAN KONSELING TERHADAP KESIAPAN CALON MEMPELAI DALAM KASUS DISPENSASI PERNIKAHAN DI PENGADILAN AGAMA KOTA MALANG
This study aims to analyze the impact of the absence of psychological assessment and premarital counseling on the readiness of prospective brides and grooms in marriage dispensation cases at the Religious Court of Malang City. Marriage dispensation is frequently granted due to urgent circumstances such as premarital pregnancy and social pressure, often without adequate consideration of psychological readiness. This research employed a qualitative descriptive approach through interviews, observation, and documentation involving judges and court officials. The findings indicate that the absence of psychological assessment and counseling contributes to emotional instability, anxiety, and a lack of preparedness to assume marital roles. Although judges acknowledge the importance of psychological evaluation, its implementation has not been systematically integrated into judicial procedures. Furthermore, the role of the Integrated Service Center for Women and Children Empowerment (P2TP2A) has not been optimally utilized. This study emphasizes the importance of integrating psychological assessment and premarital counseling as a form of child protection and as an effort to ensure sustainable and harmonious family formation. Keywords: psychological assessment, marriage dispensation, premarital counseling, child protection.
DAMPAK CAMPUR TANGAN MERTUA TERHADAP KEHARMONISAN RUMAH TANGGA: STUDI KASUS DI DESA TLOGOSARI KECAMATAN TUTUR KABUPATEN PASURUAN
This study examines the phenomenon of in-law intervention in the household lives of married couples and its impact on marital harmony in Tlogosari Village, Tutur District, Pasuruan Regency. The study aims to analyze the forms, factors, and impacts of in-law intervention and to evaluate them from the perspective of maqāṣid al-sharī‘ah. This research is an empirical study in the field of Islamic family law using a case study approach. Data were collected through field research using observation and in-depth interviews with community members, and were analyzed using a descriptive qualitative method. The findings indicate that in-law intervention occurs in several forms, such as involvement in economic matters, child-rearing, household decision-making, unequal treatment toward in-laws, and excessive jealousy. Several factors contribute to this intervention, including economic conditions, limited communication, cultural influences, and the lack of neutrality of spouses during conflicts. From the perspective of maqāṣid al-sharī‘ah, excessive and unbalanced intervention may disrupt the protection of religion, life, intellect, lineage, and property, thereby affecting marital harmony. However, proportionate and wise involvement can provide benefits and support the realization of a harmonious household. Keywords: in-law intervention, marital harmony, maqāṣid al-sharī‘ah, Islamic family law, family relations.
KONSEP DAN PRAKTIK BELIS DALAM PERNIKAHAN ADAT MASYARAKAT DESA NGGOREA KABUPATEN ENDE (PERSPEKTIF HUKUM ISLAM)
The Belis tradition constitutes an essential element of customary marriage practices in Nggorea Village, Ende Regency. Belis is understood not merely as a customary obligation, but also as a symbol of social, cultural, and kinship values within the local community. This study aims to examine the concept of Belis, its implementation in customary marriage practices, and the perspective of Islamic law on the Belis tradition among the people of Nggorea Village. This research employs an empirical legal study with an anthropological legal approach. Data were collected through in-depth interviews with customary leaders, religious leaders, and community members directly involved in the practice of Belis. The data were analyzed using descriptive qualitative methods. The findings indicate that Belis is perceived as a customary tradition embodying values of respect, responsibility, deliberation, and cultural identity. The practice of Belis is carried out through structured customary stages and is determined based on family agreements. From the perspective of Islamic law, Belis is regarded as a permissible customary practice provided that it does not replace the obligatory mahr and does not impose undue burdens on the groom. This study shows that the practice of Belis continues to be maintained as a living tradition within the framework of Islamic legal principles applied by the community. Keywords: Belis Tradition, Customary Marriage, Islamic Legal Perspective.
PRINSIP BEST INTEREST OF THE CHILD PADA PUTUSAN PENGADILAN TINGGI AGAMA KENDARI No. 30/PDT.G/2024/PTA.KDI DALAM HUKUM ISLAM DAN HUKUM POSITIF
This study examines the implementation of the principle of the best interest of the child in the decision of the Pengadilan Tinggi Agama Kendari Number 30/Pdt.G/2024/PTA.Kdi within the perspectives of Islamic law and Indonesian positive law. The research is motivated by the increasing number of divorce cases that raise disputes over child custody (ḥaḍānah), often creating tension between normative provisions and the substantive protection of children’s rights. This research is a normative juridical study employing statutory, conceptual, case, and comparative approaches. Primary legal materials include relevant legislation, the Kompilasi Hukum Islam, and the court decision, supported by secondary and tertiary legal sources. The findings indicate that, in Islamic law, the best interest principle is rooted in the concepts of ḥaḍānah and maqāṣid al-syarī‘ah, emphasizing child welfare and protection. In Indonesian positive law, this principle is institutionalized through child protection and marriage laws. The analyzed decision demonstrates a substantive application of the best interest principle by prioritizing the child’s psychological stability, continuity of care, and overall welfare over formal normative provisions. It concludes that the decision reflects a harmonious integration between Islamic law and positive law in safeguarding children’s rights. Keywords: Best Interest of the Child, Hukum Islam, Hukum Positif
KONSEP KAFA’AH DALAM PERJODOHAN KYAI DI PESANTREN RAUDATUSSALIHIN (PERSPEKTIF MADZHAB IMAM SYAFI’I)
This study examines the concept of kafā’ah in the matchmaking practices conducted by kyai at Raudatussolihin Islamic Boarding School from the perspective of the Shafi’i school of jurisprudence and family sociology, emphasizing the distinction between normative legal principles and their social implementation. The Shafi’i school asserts that kafā’ah is not a requirement for the validity of marriage but a right of the woman and her guardian, prioritizing religious commitment and moral character as the primary criteria, while lineage, social status, and economic factors serve as supporting considerations. This study employs qualitative field research methods and is analyzed using a descriptive-analytical approach. Data sources consist of primary data obtained through interviews with kyai, students, and guardians, as well as secondary data derived from Shafi’i jurisprudential literature and family sociology studies. The findings indicate that matchmaking practices at Raudatussolihin Islamic Boarding School are non-coercive and conducted through deliberation and consideration of students’ readiness. The differences between the normative framework of the Shafi’i school and pesantren practices are not contradictory but reflect divergent methodological orientations, in which Shafi’i jurisprudence emphasizes textual legal certainty, while pesantren practices prioritize social harmony and public welfare. Therefore, pesantren matchmaking practices can be understood as a form of living law that contextualizes Islamic law while remaining grounded in sharia principles. Keywords: kafā’ah; matchmaking; kyai; Islamic boarding school; Shafi’i school.
ANALISIS ISTINBAT HUKUM FATWA MUI NO. 80 TAHUN 2022 TENTANG UJI LABORATORIUM PADA PROSES SERTIFIKASI HALAL
This research discusses the Analysis of Legal Derivation (Istinbat al-Hukm) on the MUI Fatwa No. 80 of 2022 concerning Laboratory Testing in the Halal Certification Process. The main objective is to identify the legal foundations and the method of legal reasoning used by the Indonesian Ulema Council (MUI) in mandating laboratory testing for halal certification. This study employs a normative legal approach using primary data from MUI Fatwa No. 80 of 2022, supported by references from the Qur’an, Hadith, Islamic legal maxims, and related regulations. The results show that MUI applies bayani, ta’lili, and istislahi methods based on maqashid syariah considerations. Laboratory testing is viewed as a vital means to ensure product halalness accurately and in accordance with Islamic law. Keywords: Legal Reasoning, MUI Fatwa, Laboratory Test, Halal Certification, Maqashid Syariah.
UPAYA MEDIATOR DALAM MENEKAN ANGKA CERAI GUGAT MELALUI MEDIASI DI PENGADILAN AGAMA (STUDI KASUS PENGADILAN AGAMA KOTA MALANG)
This study examines the efforts of mediators in reducing the number of contested divorce cases (cerai gugat) through mediation at the Religious Court of Malang City. The increasing number of divorce petitions filed by wives reflects unresolved domestic conflicts and indicates the limited effectiveness of mediation as a peaceful dispute resolution mechanism within the religious court system. This research is positioned within empirical socio-legal studies focusing on the practical role of mediators in maintaining family integrity through court-annexed mediation. The study employed a normative-empirical method with a conceptual approach. Data were collected through interviews, observations, and documentation conducted at the Religious Court of Malang City, and analyzed using data reduction, data presentation, and conclusion drawing supported by triangulation techniques. The findings reveal that mediators have undertaken various efforts, including effective communication, psychological approaches, legal and moral counseling, and facilitation of dialogue and negotiation between disputing parties. However, the mediation process has not yet achieved optimal effectiveness due to several influencing factors, such as high emotional conflict, family intervention, economic problems, and the lack of good faith from the parties. The study concludes that mediator competence, communication strategies, and public awareness of peaceful dispute resolution significantly influence the success of mediation in reducing contested divorce cases. Keyword: mediation, contested divorce, mediator role, religious court.
ANALISIS PENYELESAIAN SENGKETA HARTA BERSAMA PASCA PERCERAIAN DI PENGADILAN AGAMA KOTA MALANG: PERSPEKTIF KOMPILASI HUKUM ISLAM
This research is motivated by the increasing divorce rate in Malang City, which has the potential to trigger a rise in disputes over marital property following divorce. In practice, the Religious Court often faces various obstacles in resolving such disputes, particularly those related to evidentiary matters and the implementation of court decisions. Based on these circumstances, this study aims to examine the obstacles and solutions applied in the dispute resolution process, as well as to analyze the implementation of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) in judicial practice. This study employs a qualitative method using an empirical legal research approach. The research data were obtained through observation, interviews, and documentation conducted at the Class IA Malang Religious Court. Primary data were collected from judges, court clerks, and officers of the One-Stop Integrated Service (Pelayanan Terpadu Satu Pintu/PTSP), while secondary data were derived from legislation, the Compilation of Islamic Law, court decisions, books, and scholarly journals. The data analysis process consisted of data collection, data reduction, data presentation, and conclusion drawing. In its implementation, several obstacles were identified, including the low level of legal awareness among the parties, difficulties in proving asset ownership, and the lack of complete evidence related to the disputed property. To overcome these challenges, the court seeks to optimize the mediation process, strengthen the evidentiary process through documentary evidence and witness testimony, and employ a persuasive approach toward the parties involved. The Compilation of Islamic Law serves as the primary legal basis in resolving marital property disputes, particularly Articles 85 to 97 of the KHI, while still taking into account the principles of justice and the factual circumstances of the parties during court proceedings. Keywords: Marital Property Disputes, Divorce, Religious Court, Compilation of Islamic Law.
PRAKTIK RUWAT SANTRI PRA-NIKAH DALAM PERSPEKTIF ‘URF DAN BID’AH (STUDI DI DESA KUCUR KECAMATAN DAU KABUPATEN MALANG)
This study examines the practice of ruwat santri (Islamic pre-marital ritual) in Kucur Village, Dau District, Malang Regency, and analyzes it from the perspectives of 'urf (customary law) and bid'ah (religious innovation) in Islamic law. Using an empirical legal research approach with sociological and ethnographic methods, data were collected through participant observation, in-depth interviews with religious leaders, traditional figures, and families of prospective brides, and documentation of ritual processes. The results show that ruwat santri represents a form of selective cultural acculturation in three layers: preservation of the essence of spiritual preparation, transformation of external ritual forms (replacing sesajen with slametan, replacing shamans with kyai, replacing Javanese mantras with Islamic prayers, and replacing wayang performances with khataman Al-Qur'an), and reinterpretation of religious meanings according to Islamic teachings. From the perspective of 'urf, ruwat santri can be categorized as 'urf shahih (valid custom) because it fulfills all seven conditions of 'urf acceptance in Islamic law. From the perspective of bid'ah, this practice does not fall under bid'ah dhalalah (heretical innovation), since the transformation has eliminated all elements contrary to Islamic monotheism (tauhid). On the contrary, elements such as khataman Al-Qur'an, pre-marital counseling, and Islamic prayers have strong foundations in the Sunnah of the Prophet. Kyai plays a central role as a cultural broker mediating Javanese local tradition and universal Islamic values. This transformation was driven by increased Islamic awareness since the 2000s, the active role of religious leaders, and economic and pragmatic considerations. Keywords: Pre-Marital Ritual, Ruwat Santri, 'Urf, Bid'ah, Cultural Acculturation.
EFEKTIVITAS UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG BATAS USIA NIKAH TERHADAP PERLINDUNGAN KESEHATAN REPRODUKSI ANAK
Child marriage is still a serious problem in Indonesia because it has an impact on children's reproductive health. As a preventive measure, the government enacted Law Number 16 of 2019, which raised the minimum age for marriage to 19 years for men and women. This research aims to analyze the effectiveness of Law Number 16 of 2019 in providing protection for children's reproductive health and identify factors inhibiting and supporting its implementation. This research is normative legal research with a normative juridical approach and a conceptual approach. The analysis was carried out using Soerjono Soekanto's Theory of Legal Effectiveness, which includes legal factors, law enforcement, means and facilities, society, and culture. The research results show that Law Number 16 of 2019 is quite effective in reducing the number of child marriages by increasing the minimum age limit for marriage to 19 years. However, this law is not yet fully effective in protecting children's reproductive health. This condition is influenced by the high demand for marriage dispensations, the practice of unregistered marriages, low public legal awareness, economic factors, and cultural influences that still support the occurrence of child marriage. Supporting factors for the implementation of this law include Supreme Court Regulation Number 5 of 2019, increasing perspectives on child protection among judges, educational programs from the government and related institutions, as well as Indonesia's commitment to achieving SDGs goal point 5.3 regarding the elimination of child marriage. This research recommends strengthening supervision over the provision of marriage dispensations, increasing reproductive health education and public legal awareness, as well as empowering the family economy to strengthen protection of children's reproductive health and prevent child marriage Keywords: Child Marriage, Age Limits for Marriage, Reproductive Health, Legal Effectiveness
KEDUDUKAN HUKUM ANAK DARI PERKAWINAN BEDA AGAMA PASCA SEMA NO. 2 TAHUN 2023 : ANALISIS YURIDIS NORMATIF TERHADAP KEPASTIAN HUKUM DI INDONESIA
This study examines the legal status of children born from interfaith marriages following the enactment of Supreme Court Circular Letter (SEMA) No. 2 of 2023. It further analyzes the legal implications of this policy on the fulfillment of children's rights and legal certainty regarding children's identity as a foundation of legal protection in Indonesia. This research is positioned within the discourse of child protection and legal certainty in response to the state's restrictions on the recognition and registration of interfaith marriages. Employing a normative juridical method with statutory and conceptual approaches, this study analyzes relevant legislation, court decisions, and legal literature. The findings reveal that, after the implementation of SEMA No. 2 of 2023, children born from interfaith marriages are administratively categorized as children born outside a legally recognized marriage because their parents' marriage is not recognized by the state. This condition affects the child’s civil relationship with the father and has implications for identity rights, maintenance, inheritance, and access to public services. Nevertheless, legal certainty and legal protection remain attainable through birth registration and judicial determination of parentage, ensuring the fulfillment of children's civil rights and legal identity without discrimination. Keywords: Legal Status, Legal Certainty, Child, Interfaith Marriage, SEMA No. 2 of 2023.
ANALISIS EFEKTIVITAS PROGRAM GENERASI BERENCANA (GENRE) BKKBN KOTA MALANG DALAM UPAYA MENCEGAH PERNIKAHAN ANAK
This study analyzes the effectiveness of the Generation Planning Program (GenRe) on underage marriage. The main objective is to determine the extent to which the policies in the program are able to overcome existing problems. This study uses an empirical legal research type with a case study approach in Malang City. Primary data was collected through interviews. Secondary data was obtained from official documents and related literature. Secondary data was obtained from official documents. The results of the study indicate that: (1) the implementation of the BKKBN GenRe program in Malang City in an effort to prevent underage marriage can be categorized as effective. (2) The main supporting factor is the optimization of media branding, which facilitates the delivery of information to the public. Meanwhile, inhibiting factors include the still low awareness of the public and adolescents regarding the importance of maintaining health and the future. Keywords: Effectiveness, Child Marriage, GenRe Program.
IMPLEMENTASI PENGELOLAAN ZAKAT PROFESI DALAM PRESPEKTIF HUKUM ISLAM (STUDI KASUS LAZIS SABILILLAH MALANG)
Professional zakat is a form of contemporary jurisprudence innovation that responds to the dynamics of the modern economy. This study aims to analyze the implementation of professional zakat management at LAZIS Sabilillah Malang from the perspective of Islamic law. The research employs a qualitative approach with a normative-empirical field research design. Data were collected through semi-structured interviews, observation, and documentation, with Bapak Malik Handika, S.Pd., Secretary of LAZIS Sabilillah, as the primary informant. Analysis was conducted using the management framework of planning, organizing, collection, distribution, and supervision, and evaluated against the principles of Islamic zakat jurisprudence, particularly Yusuf al-Qaradawi's Fiqh al-Zakah, PP No 14 Year 2014. The findings indicate that the organizing, distribution, and supervision aspects of professional zakat management at LAZIS Sabilillah have been carried out in a structured and professional manner and are generally in conformity with Islamic law principles. However, two aspects require improvement. In terms of collection, some muzakki still pay professional zakat below the established nisab threshold equivalent to 524 kg of rice (Rp7,860,000 per month) so that their payments are more appropriately categorized as voluntary charity (sedekah) rather than zakat. In terms of human resources, the 12.5% amil entitlement allocated for both salaries and operational costs has led to understaffing and double-duty workloads. These findings underscore the need to enhance muzakki education regarding nisab obligations and to strengthen amil capacity so that professional zakat management at LAZIS Sabilillah can more fully comply with Islamic law principles. Keywords: Professional Zakat, Zakat Management, Islamic Law, Nisab, LAZIS Sabilillah Malang.
PERAN ISTRI KARIER DALAM MEMBANGUN KELUARGA SAKINAH (Studi Kasus di Kecamatan Singosari, Kabupaten Malang)
This study examines the role of career wives in building a sakinah family (harmonious Islamic family) in Singosari District, Malang Regency. The growing participation of married women in the workforce creates complex dual-role dynamics between professional and domestic responsibilities. Using a qualitative case study approach, this research explores real-life experiences, role management strategies, and gender analysis from four married couples in which the wives are employed in the formal sector. The findings reveal that career wives build sakinah families through four strategies: disciplined time management, leveraging family support, task delegation, and open communication with husbands. Dual roles simultaneously produce role strain (physical and emotional exhaustion) and role enhancement (increased self-confidence, financial independence, and marital appreciation). A gradual shift toward more egalitarian gender relations is occurring, though social stigma persists. This study confirms that modernity and Islamic values on the sakinah family can be synergized through equal partnership between husband and wife. Keywords: career wife, family sakinah, dual role, gender analysis, Social Role Theory
ANALISIS HUKUM ISLAM TERHADAP DAMPAK PSIKOSOSIAL KONFLIK ORANG TUA PADA MAHASISWA (STUDI KASUS MAHASISWA HUKUM KELUARGA ISLAM UNIVERSITAS ISLAM MALANG PERIODE 2022)
This study examines phenomena occurring in family life, particularly parental conflict, which can disrupt children's well-being and determine its psychosocial impact on Islamic Family Law students at Malang Islamic University. The study aims to describe the nature of parental conflict, determine its psychosocial impact on students, and explore how to manage it from an Islamic legal perspective. This research employs descriptive empirical research with a qualitative case study approach. Data was collected through field research using observation, interviews, and documentation. The findings indicate that parental conflict takes two forms: internal conflict, such as differences of opinion, acts of domestic violence, and parental disputes over family finances; and external conflict, such as family interference. Some psychosocial impacts on students from the perspective of Islamic law include psychological and social aspects that influence emotional stress, which can disrupt mental health and affect the social environment. When associated with Islamic law, it increases peace of mind and strengthens faith and confidence. From an Islamic legal perspective, there are several ways to address parental conflicts, including attempting to reconcile the conflicting parents, not interfering in their problems, and resolving the issue through family deliberation. Keywords: Islamic law, psychosocial issues, parental conflict, students.
ANALISIS IMPLEMENTASI ZAKAT DI LEMBAGA ZISWA MASJID AGUNG JAMI MALANG
This study examines the implementation of zakat management at ZISWA Masjid Agung Jami Malang and analyzes its conformity with Law Number 23 of 2011 on Zakat Management. The research is motivated by the importance of ensuring that zakat management practices are conducted in accordance with legal provisions to achieve effectiveness, accountability, and public trust. This study positions itself as an empirical legal research that evaluates the practical application of statutory regulations in a community-based zakat institution. Using a qualitative approach, data were collected through interviews, observation, and documentation, and were analyzed descriptively by comparing field findings with the provisions of Law Number 23 of 2011. The results indicate that ZISWA has implemented zakat management functions covering collection, distribution, and utilization of zakat funds in an organized manner. However, several aspects have not fully complied with the law, particularly regarding institutional status, amil certification, and the optimization of zakat management procedures in accordance with the national zakat governance framework. Nevertheless, the institution has contributed significantly to supporting social welfare and serving the needs of zakat beneficiaries within the local community. Keywords: Zakat Management, ZISWA, Law Number 23 of 2011, Empirical Legal Research, Zakat Governance
Analisis Komparatif Hak dan Kewajiban Suami Istri dalam Mewujudkan Keharmonisan Keluarga: Perspektif Mazhab Syafi’i dan Hukum Positif
Rights and obligations of husband and wife in creating family harmony are crucial issues, given the increasing dynamics of household relations that demand a balance of roles between partners from both religious and state law perspectives. This study aims to provide a comparative analysis of how these rights and obligations are regulated under the Shafi'i Madhhab and Indonesian positive law to build a harmonious family. The method used is qualitative research with a normative juridical and comparative approach through library research. The results indicate a convergence in the fundamental vision of harmony through the principle of mu‘asyarah bi al ma‘ruf and the fulfillment of the partners' basic rights. However, there are differences in emphasis where the Shafi'i Madhhab focuses on the husband's role as the sole leader (Qawwam) and maintenance (nafaqah) as a debt, whereas positive law prioritizes the principle of equal partnership. The implementation of rights and obligations from both perspectives contributes as a "legal fence" in the household, although fulfilling normative aspects still requires the support of interpersonal communication and role adaptation responsive to the dynamics of modern times. Keywords: Rights and Obligations of Husband and Wife, Family Harmony, Shafi'i Madhhab, Indonesian Positive Law.